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To: highball
So you think the 10th amendment can shield prohibit these laws?

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

OK so the people tell the state that they want homosexual acts to be against the law. The state passes the Law. Now you think that the Federal Judges should over rule the law? Or perhaps you think the State Judges should overthrow the will of the people who made the law. That sir is a sick perversion of the constitution. If you can take that stance then all laws are null and void if you can find a judge who will strike it. Well that is beyond the judges power. Why don't you go back to DU.
240 posted on 10/25/2005 9:20:48 AM PDT by Khepera (Do not remove by penalty of law!)
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To: Khepera
So you think the 10th amendment can shield prohibit these laws?

No, as I have said above I think the Ninth Amendment prohibits these laws.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

As I have said before, I believe rights trump powers.

This is (I believe) the central conflict in our Republic - when the state's power to regulate conflicts with the innate rights retained by the people.

I believe in individual freedom over government control of persons, so I side with rights over powers. Even when the right involved is the right to do something I don't want to do - I don't belive that the Constitution only protects my own personal likes.

Why don't you go back to DU.

Ah, name calling. Hardly a substitute for a valid argument.

243 posted on 10/25/2005 9:44:03 AM PDT by highball ("I find that the harder I work, the more luck I seem to have." -- Thomas Jefferson)
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